On Point blog, page 5 of 263
Defense Win: COA holds that circuit court wrongly limited defendant’s testimony; holds error is not harmless
State v. Derek J. Jarvi 2023AP2136-CR, 6/12/25, District IV (not recommended for publication); case activity
Despite the State’s efforts to overturn Jarvi’s postconviction win of a new trial, the court of appeals rejects the State’s evidentiary arguments and holds that it failed to prove harmless error in this case.
COA: State has important interest, for purposes of Sell, to forcibly medicate defendant charged with resisting arrest causing soft tissue injury.
State v. T.A.W., 2025AP437-CR, 6/3/25, District I (not recommended for publication); case activity
Although the charges against T.A.W. — resisting an officer causing soft tissue injury and retail theft — are not “serious crimes” under Wis. Stat. § 969.08, which specifies procedures for pretrial release, the COA found that the State met its burden to show an important governmental interest in forcibly medicating T.A.W. to competency under the aggravated circumstances of the case.
COA: Defendant not prejudiced at trial for OWI by “numbers-only” jury selection process.
State v. Nicholas J. Bergner, 2024AP1875, District I, 6/3/25 (one-judge decision; ineligible for publication); case activity
The COA affirmed the circuit court’s order denying Nicolas Bergner’s postconviction motion for a new trial. Although the circuit court did not follow the procedure required by SCOW in Tucker for using a numbers-only jury selection process, to which trial counsel did not object, Bergner was not prejudiced.
Defense Win: COA finds exception to potential jurisdictional defect and reverses order denying early releasing following SAP completion
State v. Benny Burgos, 2024AP1497-CR, 6/3/25, District I (not recommended for publication); case activity
In an interesting appeal presenting questions of statutory construction and appellate jurisdiction, COA uses principles of equity to reach the merits and reverses in Burgos’s favor.
Using umbrella for a snow shovel arouses suspicion of intoxication; COA affirms conviction for operating with prohibited alcohol concentration and refusing PBT.
City of Monona v. Erick J. Erickson, 2024AP312, District IV, 5/30/25 (one-judge decision; ineligible for publication); case activity
The COA affirmed Erick J. Erickson’s conviction following a bench trial for operating with a prohibited alcohol concentration and revocation of his operating privileges because he unreasonably refused to submit to a preliminary breath test (PBT). COA found that the circuit court correctly denied Erickson’s motion to suppress because police had probable cause to request the PBT and probable cause to arrest Erickson.
COA holds that warrantless entry to home, authorized by young child, did not violate defendant’s Fourth Amendment rights
State v. Peter J. Long, 2024AP1249-CR, 5/28/25, District II (not recommended for publication); case activity
While Long’s appeal presents some superficially interesting legal issues, ultimately COA’s dereference to the circuit court’s underlying factual findings govern the outcome here.
Defense Win: No causal nexus for restitution based on charges of harboring or aiding a felon
State v. Daecorion J. Robinson, 2022AP2087-CR, 5/28/25, District I (not recommended for publication); case activity
In a rare “causal nexus” win, 2 judges in D1 agree that the circuit court’s order was infirm. Under the text of the restitution statute, Robinson’s aiding a felon does not make him liable for the consequences of that felon’s underlying criminal conduct.
Defense Win: COA orders resentencing before a different judge where State breached plea agreement and trial counsel did not advise defendant of all potential remedies.
State v. Donaven C. Sprague, 2022AP876-CR, 5/20/25, District III (not recommended for publication), case activity
In the second defense win this week on appeal from a Barron County conviction (see Wooldridge), the COA vacated Donaven Sprague’s sentence to 10 years of initial confinement for repeated sexual assault of a child because the State breached its plea agreement to recommend no more than 5 years of initial confinement and did not cure the breach. The Court also found that Sprague received ineffective assistance of counsel because trial counsel did not inform him that resentencing before a different judge was a remedy for the State’s breach. The Court remanded the case directing the circuit court to schedule a resentencing for Sprague before a different judge.
COA affirms TPR plea, holds circuit court not required to pause after explaining each right
State of Wisconsin v. F.S.-E., 2054AP10, District I, 5/20/25 (one-judge decision; ineligible for publication); case activity
The COA rejects F.S.-E.’s claim that he is entitled to an evidentiary hearing to determine whether his no contest plea was knowingly, intelligently, and voluntarily made. It holds that there is no requirement that the circuit court pause after explaining each right during the plea colloquy to inquire as to F.S.-E.’s understand of that particular right.
Defense Wins: COA finds insufficient evidence to support guilty verdict for possessing methamphetamine.
State v. Kelsy R. Wooldridge, 2022AP1927-CR, 5/20/25, District III (not recommended for publication), case activity
In a decision not recommended for publication, the COA reversed Kelsy Wooldridge’s conviction for possessing methamphetamine and found that no reasonable jury could have determined beyond a reasonable doubt that she knew a bloody syringe seized from her purse contained an unmeasurable amount of the drug.